Bruce Earl Ward v. State of Arkansas — Kemp, J., Dissenting

Summary

Justice Kemp's dissent would grant Ward's motion to recall the mandate, concluding that the State's provision of mental-health examinations did not satisfy the constitutional requirement of meaningful expert assistance in evaluating, preparing, and presenting the defense. The dissent further concludes that intervening clarification of that requirement permits departure from the law-of-the-case doctrine and that extraordinary circumstances justify recalling the mandate in this capital case. Justice Wood, concurring in the judgment, would deny the motion but urges the court to entertain motions to recall the mandate more sparingly because Arkansas's practice undermines finality.